Recreational Marijuana Legalization in Delaware: What You Need to Know
Recreational marijuana is set to become legal in Delaware on August 1, 2023, allowing adults 21 and older to purchase and consume the drug. The state passed legislation in 2023 outlining the new industry, which has been a long time coming. Delaware joins a growing list of states that have legalized recreational marijuana, with 25 states and territories now allowing its use for both medical and recreational purposes.
Delaware’s new law allows local governments to ban the industry outright, and a public lottery system was used to award 125 licenses to applicants eager to open retail businesses. The state received a staggering 1,269 paid license applications, far exceeding its projections.
In addition to recreational marijuana, Delaware has also allowed medical marijuana since 2011. The Delaware Medical Marijuana Act allows qualifying patients access to regulated, lab-tested cannabis, with a limit of six ounces per patient. As of early 2025, there were 13 medical marijuana compassion centers operating in the state.
However, medical marijuana businesses converting to recreational dispensaries will need to pay significant fees, with retail and manufacturing businesses required to pay $100,000 and cultivation businesses required to pay $200,000.
According to DISA Global Solutions, marijuana is fully legalized for medical and recreational purposes in 25 states or territories, including Delaware. Four states, including Idaho, Kansas, South Carolina, and Wyoming, have no decriminalization and consider marijuana illegal for both medical and recreational use.
